A witness in the trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), on Tuesday, said the IPOB leader admitted inciting members of the public to attack police officers during interrogation.
The witness, a Department of State Service (DSS) operative, identified as BBB for security reasons, told Justice James Omotosho of the Federal High Court in Abuja, while being led in evidence by the Federal Government’s lawyer, Chief Adegboyega Awomolo, SAN.
BBB, who was the 2nd prosecution witness (PW-2), gave his testimony behind a screen provided by the court.
The witness said beside being the leader of the IPOB, Kanu is also the founder of the Eastern Security Network (ESN), the armed wing of IPOB.
He said Kanu also operated an illegal radio station, which broadcast on frequencies 102.1 FM and 88.0 FM.
BBB told the court that the radio was illegal because it was not licensed by the National Broadcasting Commission (NBC).
When the lawyer asked if the PW-2 had had encounter with Kanu, the witness said he got to know Kanu when he was assigned the duty of taking his statement on July 17, 2021, following a letter from the Attorney General of the Federation (AGF) requesting that the IPOB leader be investigated in respect of his alleged terrorism activities.
The DSS operative said the AGF’s letter was addressed to the director general of the service.
He said he carried out the assignment in the company of four other of his colleagues, including a director.
He said he handed Kanu the letter from the AGF, which the defendant read and also gave his lawyers to read, following which he requested that Kanu respond to issues raised in the letter.
He said after reading the letter, Kanu volunteered to make a statement in the presence of two of his lawyers, including Alloy Ejimakor.
The witness said he played some of the broadcast made by the defendant on his radio station, known as Radio Biafra, including where he called for the attack on police officers and other inciting comments.
BBB said Kanu admitted that the broadcast, which he played to his hearing, were his (Kanu’s) own.
When Awomolo asked what Kanu was agitating about, the witness said Kanu wanted the secession of the five South East states, part of Kogi and part of Benue from the rest of Nigeria.
He said the statement-taking session was also recorded on video.
When Awomolo sought to tender the AGF’s letter and a copy of the video disc, the defence lawyer, Chief Kanu Agabi, SAN, objected.
Agabi argued that the letter and the disc were not included in the proof of evidence served on them.
Agabi said it was part of the right of the defendant to be given copies of all documents and materials that the prosecution planned to rely on in prosecuting the case.
He sought an adjournment to enable the prosecution do the needful.
But when Awomolo argued that non-service of those documents should not hinder the proceedings, Agabi submitted that if served with the documents, they would need time to study them and consult with Kanu.
Awomolo, who reminded that he took up the case recently, said non-service of these documents could be a mistake
He, however, said he was ready to furnish the defendant with all the necessary documents and materials that the prosecution wished to rely on.
He also conceded to the case being adjourned.
Ruling, Justice Omotosho held that the defence was entitled to all the documents and materials the prosecution planned to rely on.
The judge then proceeded to order the prosecution to, in line with the provision of Section 36 of the Constitution, serve on the defendant all facilities, including documents that it intends to rely on to prosecute the case.
Justice Omotosho subsequently adjourned the matter until May 7 to enable the prosecution serve the defence all the necessary documents and for the PW-2 to continue his testimony.
Earlier, the PW1, also a DSS operative identified as AAA, concluded his testimony after being cross examined by Agabi and re-examined by Awomolo.
Under cross-examination by Agabi, the witness said he was consulted, in relation to the role he played in the case as an investigator, before the charge in the case was filed.
The witness said he was not aware that the defendant was charged with 15 counts, but that he was aware that Kanu was charged with inciting others to attack members of the police force.
“I was not part of the drafting of the charge, but I am aware that he (the defendant) incited people to kill members of the police force,” he said.
The witness also said that he was not aware that a count relating to the allegation was struck out from the charge in an earlier ruling.
He also said he was not aware that eight out of the 15 counts contained in the original charge were struck out by the court in an earlier ruling.
Before the day’s proceeding commenced, Justice Omotosho expressed concern over issues of representation by lawyers in the matter.
The judge said due to the small size of the court, long list of lawyers in company of the lead counsel for the prosecution or defendant would not be accommodated.
“I want to make this clarification, I approved 16 counsel for the defence out of the 29 counsel,” he said.
He said a lawyer, Charles Udeh, wrote a letter to the court, stating that he was the counsel for the defendant and also copied Aloy Ejimakor in the letter.
“He said his name is on the list but based on my order, his name was removed,” the judge said.
Justice Omotosho then asked Kanu to tell the court who his lawyer is and the IPOB leader pointed to Chief Agabi as his legal representative in the matter.
The judge also called Mrs Favour Kanu, who is the wife of Kanu’s younger brother, Prince Fineboy, to step forward and explained her reason behind recording the court proceedings live.
The judge expressed surprise that despite that Mrs Favour’s phone was confiscated on the last adjourned date when she was caught recording him, she still went ahead to post the video online.
” I want to hear from her. Were you not the one that I took your phone?
“I did not give order to forfeit that phone. I don’t know if she might be a wife to my brother (Nnamdi Kanu,” the judge said, but Prince told the judge that Favour is his wife.
Justice Omotosho, who said that anyone is free to record or take video of the court before sitting, said as soon as the judge begins proceedings, such act will be contemptuous.
Responding, Favour said: “Thank you my lord for giving me the opportunity to say something. I will never never disrespect the court.
“I did not know that you were still seated my lord, because it was a live video.
“Immediately you cautioned me, the video had already gone and there was nothing I could do at that time. It was a live stream on Facebook.”
Although Kanu’s lawyer, Chief Kanu Agabi, SAN, also apologised on her behalf and appealed for forgiveness, Justice Omotosho insisted that Mrs Favour would be barred from three proceedings.
The judge said he did not want to be forced to create another room where some of the lawyers and litigants would be made to sit to observe the court proceedings through zoom.
Justice Omotosho, who cautioned against any act that could cause delay in the trial, assured all parties in the case that justice would be served.
